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WYMO FUELS, INC. v. EDWARDS

Nos. 85-227, 85-228.

723 P.2d 1230 (1986)

WYMO FUELS, INC., Appellant (Respondent), Environmental Quality Council, Department of Environmental Quality, (Respondents) v. Guy W. EDWARDS, Ruth A. Edwards, Clarke K. Mills, and Doris I. Mills, Appellees (Petitioners). ENVIRONMENTAL QUALITY COUNCIL, DEPARTMENT OF ENVIRONMENTAL QUALITY, Appellants (Respondents), WYMO Fuels, Inc., (Respondent), v. Guy W. EDWARDS, Ruth A. Edwards, Clarke K. Mills, and Doris I. Mills, Appellees (Petitioners).

Supreme Court of Wyoming.

August 14, 1986.

Attorney(s) appearing for the Case

Alan B. Minier and Thomas A. Nicholas, Hirst & Applegate, Cheyenne, for appellant WYMO.

A.G. McClintock, Atty. Gen. and Steven R. Shanahan, Sr. Asst. Atty. Gen., Cheyenne, for appellants Wyoming Environmental Quality Council and Wyoming Dept. of Environmental Quality.

Tom C. Toner, Redle, Yonkee & Arney, Sheridan, for appellees Edwards.

Rebecca W. Thomson and Richard M. Davis, Jr., Burgess & Davis, Sheridan, for appellees Mills.

Before THOMAS, C.J., and BROWN, CARDINE, URBIGKIT and MACY, JJ.

THOMAS, Chief Justice.

The issue to be resolved in this case is whether condemnation of a way of necessity for a railroad spur track and a mine truck haul road, according to statute, dispenses with the statutory requirement that a resident or agricultural landowner or a surface landowner consent to mining operations, or an order in lieu of such consent in the case of the latter kind of ownership, be included in an application for a mining permit. The Department of...

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